Alaska Statutes

Alaska Stat. § 47.10.087 (2026)

Placement in secure residential psychiatric treatment center

✓ current as of July 2026

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Sec. 47.10.087. Placement in secure residential psychiatric treatment center.
(a) The court may authorize the department to place a child who is in the custody of the department under AS 47.10.080(c)(1) or (3) or 47.10.142 in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that
     (1) the child is gravely disabled or is suffering from mental illness and, as a result, is likely to cause serious harm to the child or to another person;

     (2) there is no reasonably available, appropriate, and less restrictive alternative for the child's treatment or that less restrictive alternatives have been tried and have failed; and

     (3) there is reason to believe that the child's mental condition could be improved by the course of treatment or would deteriorate if untreated.

(b) A court shall review a placement made under this section at least once every 90 days. The court may authorize the department to continue the placement of the child in a secure residential psychiatric treatment center if the court finds, based on the testimony of a mental health professional, that the conditions or symptoms that resulted in the initial order have not ameliorated to such an extent that the child's needs can be met in a less restrictive setting and that the child's mental condition could be improved by the course of treatment or would deteriorate if untreated.

(c) The department shall transfer a child from a secure residential psychiatric treatment center to another appropriate placement if the mental health professional responsible for the child's treatment determines that the child would no longer benefit from the course of treatment or that the child's treatment needs could be met in a less restrictive setting. The department shall notify the child, the child's parents or guardian, and the child's guardian ad litem of a determination and transfer made under this subsection.

(d) In this section, “likely to cause serious harm” has the meaning given in AS 47.30.915.

Notes of Decisions

Cited in 9 cases (6 in the last 5 years), 2018–2024 · leading case: Native Vill. of Kwinhagak v. State of Alaska, DHSS, OCS, 542 P.3d 1099 (Alaska 2024).

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Native Vill. of Kwinhagak v. State of Alaska, DHSS, OCS, 542 P.3d 1099 (Alaska 2024). · cites it 46× “One statute in particular, AS 47.10.087, requires judicial review when OCS seeks to place a child at a secure residential psychiatric treatment facility.”

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023). · cites it 21× “Following a period of seemingly voluntary care, OCS requested a hearing under AS 47.10.087 (.087) to place the child at an out-of-state secure residential psychiatric treatment facility.”

In the Matter of April S., a Minor, 467 P.3d 1091 (Alaska 2020). · cites it 9× “The court then held hearings for continued placement in a secure residential treatment facility every 90 days pursuant to AS 47.10.087 (.087 hearing).5 In the spring of 2019 April’s arm was injured at Provo Canyon.”

Kiva O. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 408 P.3d 1181 (Alaska 2018). · cites it 4× “81 If not, then the court may authorize continued residential psychiatric treatment until the next 90-day hearing.82 In involuntary commitment proceedings, the court limits placement to 30 days, 90 days, or 180 days.”

Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS, 461 P.3d 1265 (Alaska 2020). “But in the CINA context, AS 47.10.087 requires that a court considering institutionalizing a child who is in state custody base a gravely disabled finding on “the testimony of a mental health professional”; AS 47.”

Miranda T. v. State of Alaska DHSS, OCS, 524 P.3d 1105 (Alaska 2023). “28 See AS 47.10.087(b) (requiring placement review every 90 days for child placed in secure residential psychiatric treatment facility).”

In the Matter of the Hospitalization of April S., 499 P.3d 1011 (Alaska 2021). · cites it 2× “April’s attorney and her guardian ad litem both argued that she was entitled to a hearing under a CINA statute, AS 47.10.087, which governs OCS’s placement of a child in its custody “in a secure residential psychiatric treatment center”; the State countered that API was a…”

Joe G. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2023). · cites it 2× “AS 47.10.087(a). A court must review the child’s placement every 90 days to ensure it is still warranted.”

M.T. (Mother) v. State of Alaska DHSS, OCS (Alaska 2023). “28 See AS 47.10.087(b) (requiring placement review every 90 days for child placed in secure residential psychiatric treatment facility).”

— Alaska Stat. § 47.10.087(a) — 4 cases

Native Vill. of Kwinhagak v. State of Alaska, DHSS, OCS, 542 P.3d 1099 (Alaska 2024). “One statute in particular, AS 47.10.087, requires judicial review when OCS seeks to place a child at a secure residential psychiatric treatment facility.”

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023). “Following a period of seemingly voluntary care, OCS requested a hearing under AS 47.10.087 (.087) to place the child at an out-of-state secure residential psychiatric treatment facility.”

In the Matter of April S., a Minor, 467 P.3d 1091 (Alaska 2020). “The court then held hearings for continued placement in a secure residential treatment facility every 90 days pursuant to AS 47.10.087 (.087 hearing).5 In the spring of 2019 April’s arm was injured at Provo Canyon.”

Joe G. v. State of Alaska, Dep't of Health & Soc. Servs., Off. of Child.'s Servs. (Alaska 2023). “AS 47.10.087(a). A court must review the child’s placement every 90 days to ensure it is still warranted.”

— Alaska Stat. § 47.10.087(a)(1) — 1 case

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023). “Following a period of seemingly voluntary care, OCS requested a hearing under AS 47.10.087 (.087) to place the child at an out-of-state secure residential psychiatric treatment facility.”

— Alaska Stat. § 47.10.087(a)(2) — 1 case

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023). “Following a period of seemingly voluntary care, OCS requested a hearing under AS 47.10.087 (.087) to place the child at an out-of-state secure residential psychiatric treatment facility.”

— Alaska Stat. § 47.10.087(a)(3) — 1 case

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023). “Following a period of seemingly voluntary care, OCS requested a hearing under AS 47.10.087 (.087) to place the child at an out-of-state secure residential psychiatric treatment facility.”

— Alaska Stat. § 47.10.087(b) — 7 cases

Kiva O. v. State, Dept. of Health & Soc. Servs., Off. of Child.'s Servs., 408 P.3d 1181 (Alaska 2018). “81 If not, then the court may authorize continued residential psychiatric treatment until the next 90-day hearing.82 In involuntary commitment proceedings, the court limits placement to 30 days, 90 days, or 180 days.”

In the Matter of April S., a Minor, 467 P.3d 1091 (Alaska 2020). “The court then held hearings for continued placement in a secure residential treatment facility every 90 days pursuant to AS 47.10.087 (.087 hearing).5 In the spring of 2019 April’s arm was injured at Provo Canyon.”

Native Vill. of Kwinhagak v. State of Alaska, DHSS, OCS, 542 P.3d 1099 (Alaska 2024). “One statute in particular, AS 47.10.087, requires judicial review when OCS seeks to place a child at a secure residential psychiatric treatment facility.”

Miranda T. v. State of Alaska DHSS, OCS, 524 P.3d 1105 (Alaska 2023). “28 See AS 47.10.087(b) (requiring placement review every 90 days for child placed in secure residential psychiatric treatment facility).”

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023). “Following a period of seemingly voluntary care, OCS requested a hearing under AS 47.10.087 (.087) to place the child at an out-of-state secure residential psychiatric treatment facility.”

— Alaska Stat. § 47.10.087(c) — 1 case

Tuluksak Native Cmty. v. State of Alaska, DHSS, OCS, 530 P.3d 359 (Alaska 2023). “Following a period of seemingly voluntary care, OCS requested a hearing under AS 47.10.087 (.087) to place the child at an out-of-state secure residential psychiatric treatment facility.”

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